PC Minutes-2012-04-1032400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
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A. CALL TO ORDER
PLANNING COMMISSION
MEETING MINUTES
Tuesday, April 10, 2012
Chairman Cohen called the meeting to order at 6:30 p.m.
B_ PLEDGE
Chairman Cohen led the Pledge of Allegiance.
C. ROLL CALL:
Commissioners Present: Sheldon Cohen, Chairman
Ginny Kerr
Roy Nunn
Tim Neely
Jeff Parkhurst
Rob Williams
MEMBERS OF THE CITY COUNCIL
Commissioners Absent: Gene Ratcliffe, Vice -Chair (excused)
Staff Present: William Ramsey, AICP, Assistant Director
Grant Taylor, Development Services Director
Ricia Hager, Deputy City Attorney
David Contreras, Senior Planner
Nick Taylor, Associate Planner
Sam Shoucair, Assistant Public Works Director
Joe Mankawich, Associate Engineer
D. ORAL COMMUNICATIONS
►To"M
E. CONSENT CALENDAR
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San Juan Capistrano: Preserving the Past to Enhance the Future
Ov Printed on 100% recycled paper
SAM ALLEVATO
LAURA FREESE
LARRY KRAMER
DEREK REEVE
JOHN TAYLOR
PC Meeting Minutes 2 April 10, 2012
F. UNFINISHED BUSINESS
None.
G. NEW BUSINESS
Consideration of a Passive Park Master Plan for the East Open Space, Parcel No. 8
Lemon Grove: located at the southwest corner of Ortega Highway and Reata Road,
specifically located west of La Pata Avenue (APN 125-172-09)(Proiect Manager: David
Contreras, Senior Planner)(Applicant: San Juan Capistrano Open Space Foundation)(City Council
Urgent Strategic Priority No. 3(1)). Staff informed the Planning Commission that the
applicant had requested a continuance to allow sufficient time to prepare revised
plans for Commission review.
Adoption of Motion
Commissioner Parkhurst made a motion, seconded by Commissioner Nunn to
continue consideration of the item to the April 24 public meeting and the motion
passed by a 6-0 vote.
AYES: Chairman Cohen, Commissioners, Williams, Kerr, Nunn, Neely
and Parkhurst.
NOES: None.
FUM l N 0 FMe
2. Capital Improvement Project (CIP) 11503, Sun Ranch Drainage Improvement.
requires Planning Commission review and recommendation pursuant to Section 9-
2.337 of the Title 9, Land Use Code. The proposed project consists of the
construction 1,500 feet of a 48 -inch storm drain pipe to provide storm protection to
surrounding properties. The improvement also includes construction of an all-
weather access road along the south edge of the easement, establishment of a
restored drainage channel that will be vegetated with native wetland and riparian
habitat, and additional landscaping, walls and fencing. The improvement will provide
stormwater drainage for neighboring properties and maintenance access while
providing an attractive, natural riparian habitat. (Proiect Manager: Joe Mankawich,
Associate Engineer). Joe Mankawich, Associate Engineer made the staff presentation
and summarized the project and recommended that the Planning Commission
review and comment on the proposed project and forward the project to the City
Council with a recommendation of approval.
Public Comment
Donald Vanderlan expressed concern over several aspects of the proposed project
related to cost, slope stability, tree damage, and trespassing.
PC Meeting Minutes 3 April 10, 2012
Commission Discussion
a. Commissioner Williams stated he had no comments on the proposed project.
b. Commissioner Kerr stated that slope stability will need to addressed.
c. Commissioner Nunn stated he had no comments.
d. Commissioner Neely stated that geological stability issues need to be sufficiently
addressed in the project design.
e. Commissioner Parkhurst stated he had no comments.
f. Chairman Cohen stated that the project was needed and necessary and
requested Public Works staff to keep residents apprised of the project during
before and during the construction process.
Adoption of Motion
Commissioner Kerr made a motion, seconded by Commissioner Parkhurst for staff
recommendation and the motion passed by a 6-0 vote.
AYES: Chairman Cohen, Commissioners, Williams, Kerr, Nunn, Neely
and Parkhurst.
NOES: None.
3. Sian Permit (SP) 12-009, Al Self Storaae: an application for a new sian proaram for
a new self -storage facility located in the Planned Community (PC CDP 81-01-01)
"North Commercial Manufacturing" zone district and General Plan -designated
Planned Community and located at 33000 Valle Road and generally located at the
southeast corner of Valle Road and Vista Marina (APN: 675-441-07)(Aoalicant: Caster
Properties, Tom Kearny)(Proiect Manager: Nick Taylor, Associate Planner. Nick Taylor made
the staff presentation and recommended that the Planning Commission adopt a
resolution approving the proposed Sign Program for Al Self Storage and refer the
project to the Design Review Committee for final approval of architectural details.
Commission Discussion
a. Commissioner Parkhurst stated that he supports referral to the DRC and the
applicant needs to provide detailed plans.
b. Commissioner Neely stated that he could not support the project because of the
freeway orientation of the site and view impacts to the 1-5 corridor.
c. Commissioner Nunn stated that the proposed siting of the two free-standing,
monument signs were problematic and that they needed to have more physical
separation. He stated that the two building -mounted signs were not necessary.
Sign lighting needs to be concealed.
d. Commissioner Kerr stated that she supports referral of the project to the DRC to
review and approve design details and supports the expiration clause in the draft
resolution.
e. Commissioner Williams stated that the building -mounted signs are not
supportable. The free-standing, monument signs require review by the Design
Review Committee (DRC) to work out design details. The two free-standing,
PC Meetinq Minutes 4 April 10, 2012
monument signs need to be consolidated into a single sign.
f. Chairman Cohen stated that he concurred with his fellow Commissioners and
supported referral to the Design Review Committee to work out the details prior
to final review and approval by the Planning Commission.
Adoption of Motion
Commissioner Kerr made a motion, seconded by Commissioner Nunn, for approval
of the proposed project subject to Design Review Committee review and approval of
design details and with the expiration clause providing for Sign Permit expiration
should the Architectural Control (AC) application and the motion failed by a 3-3 vote.
AYES: Commissioners Kerr, Nunn and Parkhurst.
NOES: Chairman Cohen, Commissioners Williams and Neely.
ABSTAIN: none.
Adoption of Motion
Chairman Cohen made a motion, seconded by Commissioner Kerr, to refer the
project to the Design Review Committee for review and recommendation and
continue consideration of the proposed project to the April 24 Planning Commission
meeting and the motion passed by a 6-0 vote.
AYES: Chairman Cohen, Commissioners, Williams, Kerr, Nunn, Neely
and Parkhurst.
NOES: None.
ABSTAIN: None.
H. PUBLIC HEARINGS
Conditional Use Permit (CUP) 12-001, Preferred Towing: an application to allow
indoor "vehicle storage" associated with a towing business within an existing 12,192
square foot buildinq on an existing 1.4 acre property in the Industrial Park (IP) Zone
District and General Plan -designated 4.0 Industrial Park, and located at 32891 Calle
Perfecto and generally located 1300 feet north of Avenida Aeropuerto (APN: 668441-
08)(Applicant: Preferred Towing, LLC; Representative: Ryan Rubin)(Proiect Manager: Nick Taylor,
Associate Planner). Nick Taylor, Associate Planner made the staff presentation and
recommended that the Planning Commission open the public hearing, receive public
testimony, close the public hearing, and by motion, adopt a resolution conditionally
approving the proposed project.
Commission Discussion
The Chairman and each of the Commissioners stated that they had no concerns or
issues with the proposed project given the fact that the proposed storage use was
completely contained within an existing industrial building.
PC Meeting Minutes 5 April 10, 2012
Adoption of Motion
Commissioner Kerr made a motion, seconded by Commissioner Nunn for staff
recommendation and the motion passed by a 6-0 vote.
AYES: Chairman Cohen, Commissioners, Williams, Kerr, Nunn, Neely
and Parkhurst.
NOES: None.
ABSTAIN: None.
2. Consideration of Code Amendment (CA) 12-01, Assembly Uses: a request to
amend the San Juan Capistrano Municipal Code, Title 9, Zoning to address
"assembly uses" in order to provide clarity as to definitions, where such uses are
permitted, conditionally permitted or prohibited, and applicable re uq latory standards.
(Proiect Manager: Grant Taylor, Development Services Director). Grant Taylor, Development
Services Director made the staff presentation, provided background to the Planning
Commission, and recommended that the Commission open the public hearing, take
public comment and close the public hearing; and, by motion, adopt a resolution
recommending that the City Council adopt ordinance amendments to Title 9, Land
Use Code and the Appendix A, Definitions related to "assembly uses."
Commission Discussion
a. Commissioner Parkhurst stated that the draft Code Amendment needed
additional refinement and would like modifications brought back to the
Commission at a future meeting. He stated that the City should not regulate
"churches" and related uses any further than presently regulated by the Code.
b. Chairman Cohen stated that the code amendment needed some refinement and
that the proposed 50 -person threshold for permitted assembly uses in residential
districts was too high.
c. Commissioner Neely stated that the Code Amendment needed to embody a
performance standard approach similar to a Home Occupation Permit where the
City administers a set of standards to assure that such uses will not adversely
impact residential neighborhoods. The standards should be qualitative and allow
a degree of discretion on the part of the Development Services Director.
d. Commissioner Kerr stated that she agreed that the Code needed to incorporate
defined, enforceable standards for such uses.
e. Commissioner Williams stated that the City needs to be cautious that it doesn't
"cast the net too wide" in attempting to regulate assembly land uses.
Adoption of Motion
Chairman Cohen made a motion, seconded by Commissioner Parkhurst to continue
consideration of the project for 30 -days and requested staff to consult with the City
Attorney to refine the approach of the code amendment and the motion passed by a
6-0 vote.
PC Meeting Minutes 6 April 10, 2012
AYES: Chairman Cohen, Commissioners, Williams, Kerr, Nunn, Neely
and Parkhurst.
NOES: None.
ABSTAIN: None.
I. STAFF & COMMISSION COMMENTS
Staff updated the Planning Commission on the Granicus system and advised that
beginning May 8, Planning Commission meetings would be live -streamed on the City's
website, and action minutes would be prepared for Planning Commission meetings.
J. ADJOURNMENT
There being no further business before the Commission, Chairman Cohen adjourned at
8:50 p.m. to the next regularly scheduled meeting for Tuesday, April 24, 2012, at 6:30 p.m.
in the Council Chambers.
Respectfully submitted,
William A. Ramsey, AIrSecretary
tant i ector
Planning Commission